Get your numbers in for the 2019 Tote Boards

It’s that time of year again.   Get your numbers in if you want your firm to be listed in:

  • the Eighth Annual US Design Patent Top Filers Tote Board
  • the Fifth Annual US Trademark Registration Top Filers Tote Board
  • the Fifth Annual US Utility Patent Top Filers Tote Board
  • the Third Annual US Plant Patent Top Filers Tote Board

These Tote Boards will rank the top patent and trademark firms for carrying out filings in 2019 in these categories.  The 2019 Tote Boards will join the previous fifteen Tote Boards which go back as far as 2012.

The closing date for getting in your numbers will be Friday, January 31, 2020.

Every year, some firm misses out by failing to get its numbers in by the closing date.  Don’t be that firm!  Get your numbers in early.  Click here for the:

  • response form for the 2019 (eighth annual) US design patent top filers tote board
  • response form for the 2019 (fifth annual) US trademark registration top filers tote board
  • response form for the 2019 (fifth annual) US utility patent top filers tote board
  • response form for the 2019 (third annual) US plant patent top filers tote board

January 1, 2020 is a holiday at the USPTO

Wednesday, January 1, 2020 will be a federal holiday in the District of Columbia.  This means the USPTO will be closed.  This means that any action that would be due at the USPTO on January 1 will be timely if it is done by Thursday, January 2, 2020.

Today is the day for Viet Nam and the Hague Agreement

click to enlarge

It will be recalled that I blogged recently that Viet Nam deposited its instrument of accession to the Hague Agreement on September 30, 2019.  Thus today is the day.  The Hague Agreement enters into force for Viet Nam today.

Today Viet Nam achieves the trifecta, with membership in the Patent Cooperation Treaty, the Madrid Protocol, and now the Hague Agreement.

The two-letter code for Viet Nam is “VN”.

December 24 and 25 are holidays at the USPTO

It was already known (blog post) that Wednesday, December 25, 2019 will be a federal holiday in the District of Columbia.  Today’s news is that in addition, by order of the President, the federal government will be closed on Tuesday, December 24.  This means the USPTO will be closed not only on December 25 but also on December 24.  This means that any action that would be due at the USPTO on December 24 or 25 will be timely if it is done by Thursday, December 26, 2019.

December 25 is a holiday at the USPTO

Wednesday, December 25, 2019 will be a federal holiday in the District of Columbia.  This means the USPTO will be closed.  This means that any action that would be due at the USPTO on December 25 will be timely if it is done by Thursday, December 26, 2019.

If you have stopped receiving listserv postings

(Update:  See a followup message here about a step that you might take to try to get the listservs working for you again.)

(Here is an update.)

(See also “I turned on munging“.)

Oppedahl Patent Law Firm LLC sponsors a dozen listservs (email discussion communities) free of charge for the intellectual property community.   If you are a subscriber to one or more of the listservs, and if you have stopped receiving the postings, read on.

You can see many of the listservs here.  The email discussion communities sponsored free of charge by OPLF include:

On about November 17, we migrated the listservs from “shared hosting” at our hosting provider to “dedicated hosting”.   In the old system, our outbound listserv traffic was commingled with that of the many other customers of our hosting provider who were also being hosted on the particular server that was our “shared server”.  (In case it is of interest to you, our traffic came out from IP address 198.54.114.161.)  But starting on about November 17, our outbound listserv traffic came out all by itself, not commingled with anybody else’s traffic, from our dedicated server.  (In case it is of interest, our traffic now comes out from IP address 162.213.248.195.)

The volume of our outbound email traffic is no greater than before, and the nature and type of our traffic is unchanged from what it was before.  But instead of being commingled with outbound email traffic from other entities unrelated to OPLF, it now comes out from an IP address that is not the source of email from anybody other than OPLF.

And starting on about November 18, several email service providers, among them Google, have been randomly blocking lots of our email traffic. 

As best I can see, the service providers use some poorly designed AI algorithm.  The algorithm notices that email traffic is arriving from a new IP address, and the algorithm notices that multiple email messages from this new IP address have identical content, and then the algorithm in a very mindless way decides to block random messages that arrives from that IP address.  

If the decision whether or not to block randomly selected emails were made by an actual human being, things would be different.  The human being would see the multiple identical email messages being a very dry discussion of some obscure aspect of the Patent Cooperation Treaty or the Madrid Protocol or the Hague Agreement and would realize that this is not a sales pitch for a cream for dissolving skin moles or a proposal of a way to spirit ten million dollars out of a bank in Nigeria.  The human being would notice that each of the listserv messages has an “unsubscribe” link and is emitted from a “Mailman” software system that ensures that email postings only get sent to people who have actually subscribed to the listserv.

But it is clear that these decisions, at Google and at other email service providers, are being made by poorly designed algorithms that do not exercise any such judgment.  

I have attempted to contact several of the poorly behaved email service providers, including Google, but I have not been able to reach an actual human being at any of them.  And I have not gotten any of them to pay any attention to this problem.

As far as I can see, the only chance of straightening this out is for you, the paying customer of the email service provider, to instruct your email service provider to be smarter.  As I describe here, this might be a matter of whitelisting emails that are “From:” particular email addresses in our listserv system.  Or it might be a matter of whitelisting emails where the “envelope sender” is “server1.oppedahl-lists.com”.  Or it might be a matter of whitelisting emails where the sender is IP address 162.213.248.195.  It might be as simple as instructing them to read this blog article.  

Your email service provider probably won’t do this because I ask.  Probably if they do the right thing it will only be because you ask it to do so.

If you do contact your email service provider and give them instructions, please post a comment below for the benefit of other readers and listserv members.  Indeed the accumulated comments might help a decisionmaker at a company like Google to better appreciate what is the right thing to do about this.

November 28 is a holiday at the USPTO

Thursday, November 28, 2019 will be a federal holiday in the District of Columbia.  This means the USPTO will be closed.  This means that any action that would be due at the USPTO on November 28 will be timely if it is done by Friday, November 29, 2019.

When EUIPO will join DAS for designs

Well, folks, as I blogged here, the Offices that constitute the ID5 have one by one slowly made plans to become Depositing Offices and Accessing Offices in the DAS system.  And for some time now, the sole remaining ID5 Office that had not made any public statement about plans to join the DAS system was EUIPO.  The EUIPO has an Information Centre and every few months I make an inquiry to the Information Centre about this.  In February of 2019, this was EUIPO’s official answer:

Your question is being taken into consideration by the EUIPO. We’ll contact you as soon as we have a definitive answer.

Not having heard back, last week I made inquiry again at the the Information Centre.  And now I have received EUIPO’s official answer as to when it will join the DAS system for designs.  

Continue reading “When EUIPO will join DAS for designs”

How to get a decent PDF of a US design patent that is in color or grayscale

As US patent practitioners know very well, the chief database used by USPTO personnel to carry out most patent prosecution (including design patent prosecution) is called IFW (image file wrapper).  Some nameless person at the USPTO made a decision back when IFW was being designed a decade ago, to make this a database in which no color or grayscale drawing would be displayed clearly.  Instead any color or grayscale drawing will get blurred, often to the point of unrecognizability.

Which then raises the question, how may a member of the public obtain a PDF copy of an issued US design patent that shows the actual color or grayscale drawings instead of the blurred non-color drawings of IFW? Continue reading “How to get a decent PDF of a US design patent that is in color or grayscale”